PART 40 E+W[F1 JUDGMENTS, ORDERS, SALE OF LAND ETC]

Textual Amendments

F1 Pt. 40 heading substituted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(1)

[F2 I JUDGMENTS AND ORDERS] E+W

Textual Amendments

F2 Pt. 40 Section 1 heading inserted (2.5.2000) by The Civil Procedure (Amendment) Rules 2000 (S.I. 2000/221), rules 1(b), 18(2), Sch. 4 Pt. 1

Judgment in favour of certain part owners relating to the detention of goods E+W

40.14—(1) In this rule “ part owner” means one of two or more persons who have an interest in the same goods.

(2) Where—

(a) a part owner makes a claim relating to the detention of the goods; and

(b) the claim is not based on a right to possession,

any judgment or order given or made in respect of the claim is to be for the payment of damages only, unless the claimant had the written authority of every other part owner of the goods to make the claim on his behalf as well as for himself.

(3) This rule applies notwithstanding anything in subsection (3) of section 3 of the Torts (Interference with Goods) Act 1977(1), but does not affect the remedies and jurisdiction mentioned in subsection (8) of that section.

Commencement Information

I1 Rule 40.14 in force at 26.4.1999, see Signature

(1)

1977 c. 32.